BRUNSWICK HILLS POLICE DEPARTMENT

AFFIRMATIVE ACTIONEQUAL EMPLOYMENT OPPORTUNITY

SEXUAL HARASSMENT POLICY

COURSE OBJECTIVE

THIS COURSE EXPLAINS TO THE STUDENT THE NEED FOR AN EQUAL EMPLOYMENT OPPORTUNITY POLICY, AFFIRMATIVE ACTION POLICY, AND SEXUAL HARASSMENT POLICY WITHIN THE BRUNSWICK HILLS POLICE DEPARTMENT; OUTLINES RESPONSIBILITIES; DEFINES FUNDAMENTALS; AND DISCUSSES BHPD POLICY PP 08-0019, WHICH ESTABLISHES PROCEDURES FOR THE DEVELOPMENT, IMPLEMENTATION, AND MANAGEMENT OF THE ABOVE MENTIONED POLICIES.

POLICY GOALS

IN A CONTINUING EFFORT TO IMPROVE THE QUALITY AND STATUS OF THE PUBLIC EMPLOYMENT ENVIRONMENT, THE BRUNSWICK HILLS POLICE DEPARTMENT IS COMMITTED TO FAIRNESS AND IMPARTIALITY IN ALL RELATIONS WITH EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, AND TO CONDUCT ALL ASPECTS OF EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, GENDER, AGE, NATIONAL ORIGIN, ETHNIC HERITAGE, OR HANDICAP.

POLICY GOALSTHE BRUNSWICK HILLS POLICE DEPARTMENT IS STRONGLY COMMITTED TO THE CONCEPT OF EQUAL EMPLOYMENT OPPORTUNITY AS AN ESSENTIAL ELEMENT OF A VIABLE PUBLIC AGENCY AND AS A NATURAL COROLLARY TO BASIC MERIT PRINCIPLES. IT IS, THEREFORE, THE POLICY OF THIS DEPARTMENT TO ENSURE THAT EQUAL EMPLOYMENT OPPORTUNITY EXISTS IN ALL TERMS, CONDITIONS, AND PRIVILEGES OF EMPLOYMENT WITH THE BRUNSWICK HILLS POLICE DEPARTMENT.

RACISM

RACISM IS ANY ATTITUDE OR ACTION BY AN INDIVIDUAL, GROUP OR INSITUTION TO SUBORDINATE ANOTHER INDIVIDUAL OR GROUP BECAUSE OF SKIN COLOR OR OTHER PHYSICAL TRAIT ASSOCIATED WITH THIS GROUP.

SEXISM

SEXISM IS SIMILAR TO RACISM. HOWEVER, IT IS BASED ON AN ATTITUDE OF SUPERIORITY OR INFERIORITY BECAUSE OF GENDER DIFFERENCES. SEXISM IS DEFINED AS AN ATTITUDE, BEHAVIOR, OR CONDITIONING WHICH FOSTERS STEREOTYPES OR SOCIAL ROLES BASED ON SEX OR GENDER.

SEXIST BEHAVIORS

EXAMPLES OF SEXIST BEHAVIOR ARE:

1. IGNORING WOMEN OR WOMEN'S ISSUES.

2. EXCLUSIONARY BEHAVIOR.

3. SPEAKING FOR WOMEN.

4. PATERNALISM.

PREJUDICE

PREJUDICE IS A NEGATIVE ATTITUDE OR FEELING TOWARD CERTAIN GROUPS BASED ON FAULTY OR INFLEXIBLE GENERALIZATIONS. IT CAN BE ANY PRECONCEIVED OPINION OR FEELING WHICH IS FAVORABLE OR UNFAVORABLE TOWARD CERTAIN GROUPS.

PREJUDICIAL BEHAVIORSSOME PREJUDICIAL BEHAVIORS ARE:

1. DISPARAGING TERMS.

2. AVOIDANCE

3. DISCRIMINATION

4. PHYSICAL ATTACKS

5. EXTERMINATION OR GENOCIDE.

DISCRIMINATION

DISCRIMINATION IS THE ACTIONS OR PRACTICES CARRIED OUT BY MEMBERS OF A DOMINENT GROUP, OR THEIR REPRESENTATIVES, WHICH HAVE A DIFFERENTIAL AND HARMFUL IMPACT ON MEMBERS OF SUBORDINATE GROUPS.

DISCRIMINATION AND POWER

WITHOUT POWER, DISCRIMINATION IS INEFFECTIVE.

WITH POWER, PREJUDICED INDIVIDUALS CAN DISCRIMINATE AND DOMINATE.

PERSONAL DISCRIMINATION

PERSONAL DISCRIMINATION IS ACTION TAKEN BY AN INDIVIDUAL TO DEPRIVE ANOTHER PERSON OF A RIGHT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR GENDER. THESE ACTIONS MAY BE OPEN OR HIDDEN, DIRECT OR INDIRECT, AND INTENTIONAL OR UNINTENTIONAL.

INSTITUTIONAL DISCRIMINATION

INSTITUTIONAL DISCRIMINATION IS WHEN ORGANIZATIONS OR SOCIETIES PRACTICE DISCRIMINATORY BEHAVIOR, WHETHER DIRECTLY OR INDIRECTLY.

SEXUAL HARASSMENT

SEXUAL HARASSMENT IS A FORM OF SEX DISCRIMINATION. IT VIOLATES ACCEPTABLE STANDARDS OF INTEGRITY AND IMPARTIALITY REQUIRED OF ALL OHMR PERSONNEL, AND INTERFERES WITH MISSION ACCOMPLISHMENT AND UNIT COHESION.

SEXUAL HARASSMENT

ACTS THAT CONSTITUTE SEXUAL HARASSMENT MAY ALSO BE PUNISHABLE AS CRIMINAL ACTS OF A SEXUAL NATURE AND SHOULD BE TREATED AS SUCH.

SEXUAL HARASSMENT

SEXUAL HARASSMENT IS NOT LIMITED TO THE WORKPLACE, BUT CAN ALSO OCCUR IN THE WORK RELATED ENVIRONMENT. SUCH BEHAVIOR BY MEMBERS OF THE BRUNSWICK HILLS POLICE DEPARTMENT WILL NOT BE TOLERATED.

SEXUAL HARASSMENT

ANY PERSON IN A SUPERVISORY OR COMMAND POSITION WHO USES OR CONDONES IMPLICIT OR EXPLICIT SEXUAL BEHAVIOR TO CONTROL, INFLUENCE, OR AFFECT THE CAREER, OR POSITION OF OHMR MEMBERS IS ENGAGING IN SEXUAL HARASSMENT. A SUPERVISOR WHO FAILS TO TAKE CORRECTIVE ACTION WHEN SEXUAL ACTION IS REPORTED IS CONDONING SEXUAL HARASSMENT.

QUID PRO QUO

QUID PRO QUO IS A LATIN TERM MEANING “THIS FOR THAT.” IT IS THE PLACING OF CONDITIONS ON A PERSON'S JOB'S, OR TERMS OF EMPLOYMENT, IN RETURN FOR SEXUAL FAVORS. QUID PRO QUO IS MAKING PROMISES OF CAREER ADVANCEMENT, PROMOTION, OR OTHER BENEFITS IN EXCHANGE FOR SEXUAL FAVORS.

HOSTILE ENVIRONMENT

A HOSTILE ENVIRONMENT IS WHERE OFFENSIVE, UNWANTED, AND UNSOLICITED COMMENTS OF A SEXUAL NATURE ARE MADE.

IMPACT VS. INTENT

THE ASSESSMENT OF SEXUALLY HARASSING BEHAVIOR IS THE RESPONSIBILITY OF LEADERSHIP, AND THE LEADER MUST ASSESS THE BEHAVIOR FROM THE PERSPECTIVE OF THE RECIPIENT.

“I WAS ONLY JOKING,” IS NOT AN EXCUSE AND THE EMOTIONAL EFFECT ON THE RECIPIENT OR WILLINGNESS OF THE RECIPIENT TO SUBMIT IS NOT RELEVANT.

REASONABLE PERSON STANDARD

WHEN USING THE REASONABLE PERSON STANDARD, THE LEADER MUST ASK THE QUESTION, “HOW WOULD A REASONABLE PERSON UNDER SIMILAR CIRCUMSTANCES REACT OR BE AFFECTED BY SUCH BEHAVIOR?”

MEN AND WOMEN CAN WATCH THE SAME BEHAVIOR, BUT HAVE DIFFERENT PERSPECTIVE ABOUT WHAT THEY SAW AND WHAT THEY ARE FEELING.

FOUR TYPES OF SEXUAL HARASSMENT BEHAVIOR

THE FOUR TYPES OF SEXUAL HARASSMENT BEHAVIOR ARE:

1. VERBAL COMMENTS

2. NON-VERBAL GESTURES

3. PRINTED MATERIALS

4. PHYSICAL CONTACT

VERBAL COMMENTSEXAMPLES OF VERBAL COMMENTS WOULD BE:

1. SEXUAL JOKES OR PROFANITY

2. OFF COLOR SEXUAL COMMENTS

3. VERBAL THREATS

4. BARKING, GROWLING, OINKING, AND WHISTLING

5. DESCRIBING SEXUAL ATTRIBUTES OF ONE'S PHYSICAL APPEARANCE.

NON-VERBAL GESTURES

EXAMPLES OF NON-VERBAL GESTURES WOULD BE:

1. LEERING, OGLING, GIVING “THE EYE” OR “THE ONCE OVER.”

2. BLOWING KISSES, LICKING LIPS, OR WINKING.

SEXUALLY ORIENTED PRINTED MATERIALS

EXAMPLES OF SEXUALLY ORIENTED PRINTED MATERIALS ARE::

1. NOTES, LETTERS, FAXES, EMAIL.

2. SAYINGS, BUMPER STICKERS, CARTOONS, POSTERS, AND PICTURES.

3. PORNOGRAPHIC MAGAZINES AND BOOKS.

4. CALENDARS, PIN-UPS AND QUOTATIONS.

IMPROPER PHYSICAL CONTACT

EXAMPLES OF IMPROPER PHYSICAL CONTACT ARE:

1. TOUCHING, PATTING, HUGGING

2. PINCHING, GRABBING, CORNERING, KISSING

3. PLAYING FOOTSIE OR BLOCKING A PASSAGEWAY

4. UNSOLICITED BACK OR NECK RUBS OR UNSOLICITED ADJUSTING OF CLOTHING

IMPACT OF SEXUAL HARASSMENT

SEXUAL HARASSMENT:

1. INTERFERES WITH VICTIM'S WORK PERFORMANCE.

2. CREATES UNREASONABLE STRESS IN THE WORKPLACE.

3. PUTS HIGH LEVEL OF FEAR AND ANXIETY IN THE WORKPLACE.

4. CREATES A NEGATIVE IMPACT ON MISSION ACCOMPLISHMENT.

LEADER LIABILITYTHE LEADERSHIP OF THE BRUNSWICK HILLS POLICE DEPARTMENT IS RESPONSIBLE FOR:

1. ENSURING THAT THE ENVIRONMENT IS SAFE AND CLEAN.

2. TRAINING SUBORDINATES TO BEHAVE APPROPRIATELY.

3. MAINTAIN A CLIMATE OF OPENNESS AND MUTUAL TRUST.

EEO BELIEF STATEMENT

THE FAIR, EQUITABLE, AND NONDISCRIMINATORY TREATMENT OF ALL MEMBERS OF THE BRUNSWICK HILLS POLICE DEPARTMENT MAINTAINS AND IMPROVES MORALE AND PRODUCTIVITY, FOSTERS UNIT COHESION AND READINESS, AND INCREASES THE EFFECTIVENESS OF THE DEPARTMENT.

COMPLAINT PROCEDURES

THE BRUNSWICK HILLS POLICE DEPARTMENT WILL OPERATE A COMPLAINT PROCESSING SYSTEM DESIGNED TO REFLECT THE POLICIES THAT HAVE BEEN DISCUSSED AND TO PROVIDE A JUST AND EFFECTIVE AVENUE OF REDRESS TO AGGRIEVED PERSONS.

COMPLAINT PROCEDURES

AN EMPLOYEE WHO FEELS THAT SHE OR HE IS THE VICTIM OF SEXUAL HARASSMENT SHOULD BRING THE SUBJECT TO THE ATTENTION OF HIS OR HER SUPERVISOR IMMEDIATELY. IF THAT PERSON IS THE HARASSER, THE EMPLOYEE SHOULD ALERT THE CHIEF OF POLICE. AN EMPLOYEE ALSO HAS THE LEGAL RIGHT TO FILE A COMPLAINT WITH THE EEOC OR ANOTHER OUTSIDE AGENCY.

COMPLAINT PROCEDURESTHE PERSON(S) ALERTED WILL THEN BEGIN THE INVESTIGATIVE PROCESS. THE COMPLAINANT WILL MAKE A STATEMENT WITH TWO PEOPLE PRESENT. IF POSSIBLE, THE STATEMENT WILL BE TAKEN WITH THE AUTHORITIES ARE FIRST ALERTED. THE INVESTIGATORS WILL THEN TAKE A STATEMENT FROM THE ACCUSED AS WELL AS ANY POSSIBLE WITNESSES, ALSO WITH TWO PEOPLE PRESENT. ALL EMPLOYEES MUST COOPERATE WITH THE INVESTIGATION. DEPENDING ON THE COMPLEXITIES OF THE INVESTIGATION, ALL PARTIES INVOLVED SHOULD BE INFORMED OF THE STATUS OF THE COMPLAINTWITHIN 30 DAYS.

CONFIDENTIALITY

THE BRUNSWICK HILLS POLICE DEPARTMENT WILL DO ITS BEST TO ENSURE THE CONFIDENTIALITY OF THE COMPLAINANT, THE ACCUSED, AND THE WITNESSES. THE DEPARTMENT CANNOT PROMISE ABSOLUTE CONFIDENTIALITY, BUT THE DEPARTMENT PLEDGES TO CONDUCT THE INVESTIGATION ON A NEED-TO-KNOW BASIS. ONLY THOSE WHO MUST KNOW ABOUT THE COMPLAINT AND THE IDENTITY OF THE COMPLAINANT WILL HAVE ACCESS TO THAT INFORMATION.

DISCIPLINARY ACTION

IF MANAGEMENT FIND THAT THE ACCUSED HAD VIOLATED DEPARTMENT POLICY, IT WILL TAKE THE PROPER DISCIPLINARY ACTION. SUCH ACTIONS INCLUDE, BUT ARE NOT LIMITED TO: VERBAL/WRITTEN REPRIMAND, SUSPENSION, TRANSFER, AND DISMISSAL. SUCH ACTION WILL BE TAKEN IN ACCORDANCE WITH DEPARTMENT AND TOWNSHIP POLICY AND PROCEDURE, AND IN ACCORDANCE WITH THE COLLECTIVE BARGAINING AGREEMENTS, IF APPLICABLE.

DISCIPLINARY ACTION

THE SERIOUSNESS OF THE VIOLATION, THE EXISTENCE AND NATURE OF PRIOR SECUAL HARASSMENT COMPLAINTS AND/OR POLICY BREACHES, AND THE WISHES OF THE ACCUSER, AS WELL AS OTHER CONSIDERATIONS, ARE TAKEN INTO ACCOUNT WHEN DETERMINING DISCIPLINARY ACTION.

DISCIPLINARY ACTION

THE BRUNSWICK HILLS POLICE DEPARTMENT WILL STRIVE TO CORRECT THE HARASSMENT. AN EMPLOYEE DENIED A PROMOTION BECAUSE OF SEXUAL HARASSMENT, FOR EXAMPLE, WILL BE GRANTED THAT PROMOTION.

DISCIPLINARY ACTION

RETALIATION AGAINST ANY PARTY INVOLVED – THE ACCUSED, ACCUSER, WITNESSES, AND INVESTIGATORS – WILL NOT BE TOLERATED. EMPLOYEES ACTING AS SUCH WILL BE DISCIPLINED.

DISCIPLINARY ACTION

IF THE COMPLAINT IS FOUND TO BE FALSE, DISCIPLINARY ACTION WILL BE TAKEN AGAINST THE ACCUSER. IF THE CASE IS UNRESOLVED, NO DISCIPLINARY ACTIONS WILL BE TAKEN AGAINST EITHER THE ACCUSED OR ACCUSER. EMPLOYEES WHO DO NOT COOPERATE IN INVESTIGATIONS, SUCH AS WITNESS WHO REFUSE TO GIVE STATEMENTS, WILL BE SUBJECT TO DISCIPLINARY ACTION.

DISCIPLINARY ACTION

THE BRUNSWICK HILLS POLICE DEPARTMENT WILL STRIVE TO PREVENT SEXUAL HARASSMENT OF EMPLOYEES BY NON-EMPLOYEES (CITIZENS, VENDORS, ETC.) IN THE WORK ENVIRONMENT.

REFERENCES

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. BRUNSWICK HILLS POLICE DEPARTMENT

POLICY/PROCEDURE PP 08-0019

COURSE CONCLUSION

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